CUBELO v. STATE

No. 3D08-1625.

41 So.3d 263 (2010)

Ariel CUBELO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied August 11, 2010.


Attorney(s) appearing for the Case

Carlos J. Martinez, Public Defender, and Harvey J. Sepler, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Timothy R.M. Thomas, Assistant Attorney General, for appellee.

Before WELLS and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.


ROTHENBERG, J.

The question we must resolve in this appeal is whether the trial court fundamentally erred by giving the then-existing standard jury instruction on manslaughter, as a lesser included offense of second degree murder. Based on the circumstances of this case, we find no fundamental error, and therefore affirm the defendant's conviction for second-degree murder with a weapon.

The defendant was charged with second-degree murder with a weapon, a knife...

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